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(영문) 서울고등법원 2017.04.19 2016누54758

도선사업면허처분 등 취소청구

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1.The judgment of the first instance shall be modified as follows:

Of the instant lawsuit, the primary claim and the ancillary claim are ancillary to the instant lawsuit.

Reasons

A. There is no possibility that, as long as the subject of use overlap as above, if a new vessel is added to the ferry business of Sejong Shipping, the Plaintiff may be subject to an infringement of business rights, such as reducing operating profit.

B. However, the following circumstances, which are acknowledged by comprehensively considering the overall purport of arguments in Eul evidence Nos. 2, 5, Eul evidence Nos. 8 through 10, namely, ① the Ministry of Oceans and Fisheries has determined to open a license for other operators to promote the improvement of passenger services through entry of new operators, etc. ② The Minister of Incheon Regional Maritime Affairs and Fisheries issued a public announcement of the selection of operators on March 27, 2014. The attached "Standards for the assessment of project proposal and guide" is as follows: one passenger ship (Korean roadway No. 5: 409 tons, 349, 56 vehicles), * the same paragraph stating that the two ferries of Sejong Maritime Shipping under the "excursion Ship and Ferry Business Act" are two ferries and related facilities, ③ the Minister of Maritime Affairs and Fisheries appears to have been in conformity with the aforementioned public announcement of the inspection of the suitability of the passenger transport service route, such as the inspection of the suitability of the passenger transport service route and the inspection of the suitability of the passenger transport service operator.